Mann v. Palmerton Area School District

33 F. Supp. 3d 530, 2014 WL 3557180, 2014 U.S. Dist. LEXIS 97142
CourtDistrict Court, M.D. Pennsylvania
DecidedJuly 17, 2014
DocketCivil Action No. 3:14-cv-68
StatusPublished
Cited by14 cases

This text of 33 F. Supp. 3d 530 (Mann v. Palmerton Area School District) is published on Counsel Stack Legal Research, covering District Court, M.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mann v. Palmerton Area School District, 33 F. Supp. 3d 530, 2014 WL 3557180, 2014 U.S. Dist. LEXIS 97142 (M.D. Pa. 2014).

Opinion

MEMORANDUM

A. RICHARD CAPUTO, District Judge.

Presently before the Court is a Motion to Dismiss Plaintiffs’ Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6) (Doc. 29) filed by Defendants Palmerton Area School District, Palmerton Area School District School Board, and Palmerton Area High School (collectively, “District Defendants”); football coaches Christopher Walkowiak, Travis Fink, Pat Morgans, Mike Falcone, Will Kunkle, Avery Weber, and Ryan McGrath, (collectively, “coaches”); athletic director/coordinator Andrew Remsing; and Palmerton School District School Board directors Michael Ballard, Carl Bieling, Susan Debski, Carol Dwyer, Stuart , Henritzy, Charles Myers, Barry Scherer, Christina Snyder, and Darlene Yeakel (collectively “board members”). For the reasons set forth below, the Motion to Dismiss will be granted in part and denied in part.

I. Background

The facts as set forth in the Amended Complaint (Am. Compl., Doc. 27) are as follows:

Plaintiff Sheldon Mann (“Sheldon”) is an incapacitated person born on January 18, 1994. (Id. at ¶4.) His parents, Kenneth and Rose man were appointed co-plenary guardians of the estate of Sheldon Mann on January 13, 2014. (Id. at ¶ 7.) Sheldon was a student at Palmerton Area High School and participated in the school’s football program beginning in July of 2008. (Id. at ¶¶ 38-39.) Defendant Walkowaik was the head coach of the football team, and Defendants Fink, Morgans, Falcone, Kunkle, Weber, and McGrath were assistant coaches. (Id. at ¶¶ 41-42.)

On November 1, 2014, Sheldon was participating in football practice at Palmerton Area High School. (Id. at ¶ 45.) During practice, he was hit by a teammate running full speed towards him and the coaching staff came onto the filed to attend to Sheldon’s injury. (Id. at ¶¶ 46^47.) After the hit, Sheldon reported feelings of numbness and/or disorientation to the coaching staff, and Sheldon’s behavior was erratic. (Id. at ¶¶ 48-M9.) Immediately after the incident, the coaches told Sheldon to continue to play in the practice, failing to perform a medical evaluation or concussion testing or to send him to the athletic trainer. (Id. at ¶¶ 50-53.) The coaches also failed to notify Sheldon’s parents of this injury. (Id. at ¶ 54.)

Later on during the same football practice, Sheldon was hit for a second time by a teammate running at full speed. (Id. at ¶ 58.) After the second hit, Sheldon was confused, dazed, unable to continue practice, and he experienced physical manifestations of his injury like dry heaving. (Id. at ¶¶ 58-59.) Football practiced concluded shortly thereafter. (Id. at ¶61.) Based on the observations of others, Sheldon’s behavior was erratic, and he was taken to the school’s trainer thereafter. (Id. at ¶¶ 62-63.)

After practice, Sheldon could not provide complete information to the trainer regarding the two hits he sustained, and the trainer was not informed on that date that Sheldon had been involved in two collisions. (Id. at ¶¶ 65-66.)

Defendants did not have a proper policy and/or procedure in place to instruct stu[535]*535dent athletes on the causes, hazards, symptoms, and dangers of traumatic brain injuries and despite Sheldon’s physical manifestations and his complaints after his first hit, at no time did Defendants ensure that.Sheldon was medically cleared to return to practice. (Id. at ¶¶ 72-78.) Defendants failed to enforce and/or enact proper and adequate policies for head injuries resulting from athletic activities. (Id. at ¶ 74.) These failures of Defendants were a normal practice, custom, or policy. (Id. at ¶ 78.)

Upon the filing of the Amended Complaint, Sheldon continues to suffer from serious and permanent effects of his traumatic brain injury including: second impact syndrome, slowed motor activity, altered sleep patters, auditory hallucinations, recurrent headaches and head pain, nausea, dizziness, balance problems, nihilistic delusions, impaired concentration, poor short-term memory, hypersensitivity to light, sounds, and smells, social isolation, difficulty following conversations, episodic aggressive behaviors, impaired peripheral vision, seizure activity, impaired logical reasoning, impaired common sense reasoning, and overall moderate brain dysfunction suggestive of bilateral diffuse axonal injury secondary to a traumatic brain injury. (Id. at ¶¶79, 82.)

Based > on the foregoing, Kenneth and Rose Mann, as parents and co-plenary guardians of the estate of Sheldon Mann commenced the instant action on January 15, 2014 (Doc. 1). On April 14, 2014, Plaintiffs filed an Amended Complaint (Doc. 27). Counts I and II of the Amended Complaint assert Fourteenth Amendment due process claims “for injury as a result of a state created danger” and “injury to human dignity and bodily integrity,” respectively. (Am. Cmvpl. Counts I and II.) Count III asserts a violation of the Constitution of the Commonwealth of Pennsylvania under Article I, Section I for injury to bodily integrity. Id. at Count III.

Defendants filed a motion to dismiss the Amended Complaint in its entirety on April 24, 2014 (Doc. 29). Defendants’ brief in support pf its motion was filed on May 8, 2014 (Doc. 30). Plaintiffs filed their brief in opposition to the motion to dismiss (Doc. 31) on May 22, 2014. On June 4, 2014, Defendants filed a reply brief (Doc. 32). Defendants’ motion to dismiss is now fully briefed and ripe for disposition.

II. Legal Standard

Federal Rule of Civil Procedure 12(b)(6) provides for the dismissal of a complaint, in whole or in part, for failure to state a claim upon which relief can be granted. See Fed.R.Civ.P. 12(b)(6). When considering a Rule 12(b)(6) motion, the Court’s role is limited to determining if a plaintiff is entitled to offer evidence in support of their claims. See Semerenko v. Cendant Corp., 223 F.3d 165, 173 (3d Cir.2000). The Court does’ not consider whether a plaintiff will ultimately prevail. See id. A defendant bears the burden of establishing that a plaintiffs complaint fails to state a claim. See Gould Elees, v. United States, 220 F.3d 169, 178 (3d Cir.2000).

“A pleading that states a claim for relief must contain ... a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). The statement required by Rule 8(a)(2) must “ ‘give the defendant fair notice of what the ... claim is and the grounds upon which it rests.’ ” Erickson v. Pardus, 551 U.S. 89, 93, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007) (per curiam) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). Detailed factual allegations are not required. Twombly, 550 U.S. at 555, 127 S.Ct. 1955, 167 L.Ed.2d 929.

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33 F. Supp. 3d 530, 2014 WL 3557180, 2014 U.S. Dist. LEXIS 97142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mann-v-palmerton-area-school-district-pamd-2014.